(1) The Karnataka Town and Country Planning (Regularisation of unauthorized Developments) Rules, 2007 shall be repealed.
(2) Notwithstanding such repeal applications filled under the repealed rules shall be processed under these rules as if they were file before competent Authority under these rules.
By order and in the Name of the Governor of Karnataka T. M. VASUDEVA RAO Under Secretary to Government Urban Development Department 7 FORM-I (See Rule 11) APPLICATION FOR REGULARISATION OF UN-AUTHORISED DEVELOPMENT (Under Section 76-FF of the Karnataka Town and Country Planning Act, Section 321-A of Karnataka Municipal Corporations Act and Section 187-A of Karnataka Municipalities Act) Name of the applicant with address & telephone number for correspondence ………………………………..
………………………….. …..
………………………………..
To …………………………………… …………………………………… ……………………………………
PART - I REGULARISATION OF PLOT IN AN UN-AUTHORISED SUB-DIVIDED LAND / LAYOUT ........................................ Rule No…….
Sir / Madam, I hereby apply for regularization of site in unapproved layout (name) ……….....…………………Sy.No…….…………of………………… Village……….Hobli………. Taluk………..
District…….. plot no……….. measuring………………, bearing Khata number / assessment number………………..
1. Property Boundaries : East ------------------- : West ------------------- : North ------------------- : South -------------------
2. Existing Road width in front of the plot …………meters
3. Accessibility to nearest …….... public road (Name of the road)
4. Photo of the land property.
5. List of Enclosures:
(x) Sketch of the plot / site with details of abutting road & other surrounding development details.
(xi) Copy of the ownership document
(xii) Copy of the approved layout plan if available or copy of unauthorised layout showing the location of the site
(xiii) NOC from KSPCB in case the land is in ‘RED’ category.
(xiv) D.D. favouring competent Authority towards scrutiny fee:
: Amount in Rs………………………… : D.D. No…………… Date……………..
Bank:…………………………………… Note: Scrutiny fee shall be collected at the rate of Rs.1.00 per square meter of total plot area in case of plot in an unauthorised layout and Rs.2.00 per square meter of total floor area of buildings.
(xv) D.D. favouring competent Authority towards regularisation fee : Amount:………………………………… : D.D. No…………….Date…………….
: Bank…………………………………….
(xvi) D.D favouring competent Authority towards an amount equal to 15% of sital area as per market value of land if parks/open spaces/civic amenities are not provided.
: Amount:………………………………… : D.D. No…………….Date…………….
: Bank…………………………………….
(xvii) D.D favouring competent Authority towards regular fees to be levied for sanctioned under KTCP Act : Amount:………………………………… : D.D. No…………….Date…………….
: Bank…………………………………….
Signature of Applicant ---------------------------------------------------------------------------------------------------------------------------------------- Affix photograph of the applicant 8
PART - II REGULARISATION OF BUILDINGS WITH LAND USE VIOLATIONS:
Rule No 5 Sir / Madam, I hereby apply for regularization of buildings with land use violations in ……………layout (name)………...………..…Sy.No…….……………………of…………………….
Village……….Hobli……….Taluk………..District……..plot no………………… measuring………………, bearing khata number / assessment number…….
1. Property Boundaries : East ------------------- : West ------------------- : North ------------------- : South -------------------
2. Existing Road width in front of the plot………….metres.
3. Accessibility to nearest …….... public road (Name of the road)
4. Designated land use as per Master Plan-------------(Residential / Commercial / Industrial / Others)
5. Actual usage of land /building: --------------------(Residential / Commercial / Industrial / Others)
6. Photograph of land / building :
Affix photograph of the land / building
7. D.D. favouring competent Authority towards regular fees for change of land use under KTCP Act.
:Amount:………………………… : D.D. No.-------------Date------ : Bank:…………………………..
8. D.D. favouring competent Authority towards scrutiny fee : Amount:………………………… : D.D. No.-------------Date------ : Bank:…………………………..
Note: Scrutiny fee shall be collected at the rate of Rs. 1.00 per square meter of total plot area in case of plot in an unauthorised layout and Rs.2.00 per square meter of total floor area of buildings.
9. D.D. favouring competent Authority towards regularisation fee five times the fees prescribed under section 18 of the KTCP Act and Rule 37 (A) KPA Rules .
: Amount:……………………………… : D.D. No.-------------Date------------ : Bank:………………………………… Signature of the Applicant ----------------------------------------------------------------------------------------------------------------
PART – III REGULARISATION OF UNAPPROVED AND NON-VIOLATED DEVELOPMENT /UNAPPROVED AND VIOLATED DEVELOPMENT / APPROVED AND VIOLATED DEVELOPMENT Sir / Madam, I hereby apply for regularization of unapproved development and non residential development / un approved and violated development / approved and violated development in layout (name) .................................……………..…………..……………………Sy.No…….……………………… of………………………….village, plotNo……………………measuring………………, bearing door number / assessment number……………….. I belong to SC / ST / General:
1. Property Boundaries : East ------------------- : West ------------------- : North ------------------- : South -------------------
2. Existing Road width in front of the plot in metres -----------------
3. Accessibility to nearest …….... public road (Name of the road)
4. Existing building details with as built plan: (Refer instructions) 9 Sl.
No Parameters As per Existing Building As per Zoning Regularisations 1 Setback – Front (in meters ) – Rear – Left – Right 2 FAR 3 Coverage 4 Height of the building 5 Number of floors
6. Total floor area of all floors
7. No. of Parking provided
5. I enclose herewith the following documents:
(i) Certified sketch of the plot / site with building along with details of abutting road.
(ii) Certified sketch of actual built up area showing the violation of setback and the number of floors.
(iii) Copy of ownership documents
(iv) NOC from KSPCB in case the land is in ‘RED’ zone.
(v) Copy of NOC from KPTCL for clearance from high tension lines if applicable.
(vi) Copy of certificate from Karnataka Fire Department in case of high-rise buildings.
(vii) Copy of structural engineer’s certificate in case the building is more than two floors high.
(viii) Copy of the resolution made by all the owners or their association (For apartments and group housing)
(ix) Calculation sheets of setback and FAR violations.
(x) Copy of the sanctioned plan.
6. Photograph of building Affix photograph of building
7. Certificate from a structural engineer for the buildings ( above ground plus one floor)
8. D.D favouring competent Authority towards regularisation fee : Amount:……………………..
: D.D. No…………Date…...
: Bank,…………………
9. D.D. favouring competent Authority towards scrutiny fee : Amount:………………… : D.D. No.,………. Date…….
: Bank,……………………… Note: Scrutiny fee shall be collected at the rate of Rs. 1.00 per square meter of total plot area in case of plot in an unauthorised layout and Rs.2.00 per square meter of total floor area of buildings.
10. D.D favouring competent Authority towards regular fees for sanctioned of plan as per Karnataka Town and Country Planning Act, 1961, Karnataka Municipal Corporations Act, 1976, Karnataka Municipalities Act, 1964 : Amount:………………………………… : D.D. No…………….Date…………….
: Bank…………………………………….
Signature of the Applicant ------------------------------------------------------------------------------------------------------------------
PART-IV ACKNOWLEDGEMENT Received application for regularization of unauthorized sub-division/lay out/buildings with land use violations / anauthorised buildings from the ……… name ……. In plot number ………S.no……….Villages……Hobli …….. village………Taluk…….. measuring …………..bearing door no. / assessment no…………… a. Application no. and date….
b. D.D. No.and date for scrutiny fee 10 c. D.D. No. and date for Regularisation Fee d. D.D. No. and date for Regular fee e. Any other fee Authorised Signatory ---------------------------------------------------------------------------------------------------------- FORM-II [See Rule 14(4)] Name of the Applicant,-------------------------- Application No & Date,.------------------------- PROVISIONAL ORDER It is hereby inform that the unauthorised sub-divied land or layout / building with land use violation / unlawful building situated in layout ------------------(Name), Sy.no.------- of ----------village, plot No.---------------measuring ,----------------bearing door number / assesment number ---------is being considered for regularised under the provisions of Section 76FF of the Karnataka Town and Country Planning Act 1961 / Section 321-A of the Karnataka Municipal Act 1976 / the Karnataka Municipalities Act, 1964 Therefore, you are hereby required to pay a sum of rupees…………… towards regularisation on or before ninety days from the date of receipt of this order.
Date: Seal of the Institution Place:
Note: Strike out whichever is not applicable (Competent Authority) FORM-III [See Rule 14(11)] Name of the Applicant,-------------------------- Application No & Date,.------------------------- REGULARISATION CERTIFICATE It is certified that the unauthorised sub-divied land or layout / building with land use violation / unlawful building situated in layout ------------------(Name), Sy.no.------- of ----------village, plot No.---------------measuring ,----------------bearing door number / assesment number ---------is hereby regularised under the provissiona of Section 76FF of the Karnataka Town and Country Planning Act 1961 / Section 321-A of the Karnataka Municipal Act 1976 / the Karnataka Municipalities Act, 1964 Date: Seal of the Institution Place:
Note: Strike out whichever is not applicable (Competent Authority) To ------------------------- --------------------------- ---------------------------- FORM – IV [See Rule 14(9)] Rejection of Regularisation Name of the Applicant: ________________________________________ Application No. and Date., _____________________________________ REJECTION OF APPLICATION FOR REGULARIZATION OF UNAUTHORISED DEVELOPMENT On the scrutiny of your application as submitted for regularization, It is hereby brought to your notice, your application for regularization is rejected due to the following reasons.
1. Violation exceeding the permissible percentage prescribed as per Act and Rule.
2. As per reasons mentioned in the Rule No. 4.
3. Application not complete in all respects.
4. Violation after submission of application.
5. Fee not paid.
6. Other reasons.
a) …………………………………………………………………….
b) …………………………………………………………………….
Date: Seal of the Institution Place : (Competent Authority) 11 To:
_________________________________ _________________________________ _________________________________ INSTRUCTIONS TO APPLICANT GENERAL
1. Application for regularisation of unauthorized developments consists Part-I, Part-II and Part-III.
i. Part-I pertains to regularisation of plot in an un-authorised sub-divided land / layout.
ii. Part-II pertains to regularisation of land use violations.
iii. Part-III pertains to regularisation of unlawful buildings.
iv. Submit the completed application form with the documents required within one year from the date of notification made by the government calling for applications.
v. Pay the regularisation fee and scrutiny fee separately through Demand Drafts or Bankers Cheques from any Bank drawn in favour of the respective Urban Development Authority / Planning Authority / Urban Local Body.
vi. Scrutiny fee shall be collected by the Competent Authority at the rate of Rs.1.00 per square meter of total plot area in case of plot in an unauthorized layout and Rs.2.00 per square meter for total floor area of buildings.
vii. Enter details of fees paid in the application form and have them confirmed while receiving the acknowledgement.
viii. The acknowledgment is issued with the seal of the office receiving the application.
ix. In case the application for regularization is rejected, either because of inadequate or incorrect information or for other reasons, the scrutiny fees remitted will not be refunded.
2. In the following cases, the regularization will be rejected.
If the site is situated:
i. In the land affected by the alignments of any road or of proposed inner ring road, National High ways, bypass road, outer ring road or mass rapid transit system (rail) projects;
ii. On the land belonging to the State Government or the Central Government or appurtenant to any building belonging to the State Government or the Central Government;
iii. On the land belonging to an other person over which the former has no title;
iv. On the land belonging to any Board or Corporation owned or controlled by the Central Government or the State Government;
v. On the land belonging to, or vested in, any Urban Development Authority or Bangalore Development Authority;
vi. On the land belonging to, or vested in, a local authority;
vii. On the land abutting to storm water drains, tank bed areas, river course or beds and canals or below the high tension electric line;
viii. In land reserved for parks, playground, open space or for providing civic amenities.
ix. Development being a special and hazardous industry or an industry categorized as “RED” by the Karnataka Pollution Control Board will be regularized only with the clearance from the Karnataka Pollution Control Board.
x. Development not conforming to rules for high-tension lines and fire protection measures.
xi. Development covered by the Coastal Zone Regulations of the Ministry Environment and Forest, Government of India.
xii. Development made in basement or usage in contravention of bye law.
xiii. Development in violation of set back norms exceeding twenty-five percent in cast of nonresidential buildings and fifty percent in case of residential buildings.
xiv. Development for which violation in respect of change in land use is not regularized first.
xv. Unauthorized construction or development made in agricultural zone of approved Master Plan or green belt area declared under Karnataka Land Revenue Act,1964.
xvi. Buildings located in areas of special control/other protect areas, where it violates the regulations prescribed for such areas.
3. Regulation of violation in respect of change of land use shall be made as far as may be in accordance with section 14A of the Karnataka Town and Country Planning Act, 1961.
4. Development in respect of any building having more than two floors will be regularized if a certificate from Structural Engineer is produced regarding the structural stability of such building.
5. In case of owner of the building who has made unauthorized construction in violation of the norms of zonal regulation and do not apply for regularization within the prescribed time, the supply of water and electricity to the building shall be liable to be disconnected with prior notice.
12
PART-I i. Application related to regularisation of plot in unauthorised sub-divided land / layout shall be submitted to the concerned planning Authority.
ii. Application related to regularisation of plot in an unauthorised sub-divided land / layout shall be submitted to the concerned Local Authority for the towns where the Karnataka Town and Country Planning Act is not extended.
iii. Fee for regularisaton of plot in an unauthorised sub-divided land / layout is to be calculated as per Rule 16 (3) NOTE:
(i) The fee specified above is in addition to the fee to be collected by the Planning Authority under Section 18 of the Act and the amount collected for 15% of the sital area as per Market value of land (in lieu of Civic Amenities and Parks & Open Spaces).
(ii) In respect of sites where building licence has been issued for, the subdivided plots prior to the date of 19th October, 2013, 15% of the sital area as per Market value of land in lieu of CA and P & OS shall not be collected.
(iii) In case of agricultural Land regularisation shall be considered only after conversion under section 95 of the Land Revenue Act, 1964.
PART-II • Application related to regularisation of buildings with land use violations shall be submitted to the concerned Local Authority within its jurisdiction.
• Applications related to regularization of un-authorised buildings outside the Local Authority limits but within the Local Planning Area shall be submitted to the concerned Planning Authority.
• For the towns where the Karnataka Town & Country Planning Act is not extended, applications related to regularisation of un-authorised buildings shall be submitted to the concerned Local Authority.
• In case of apartments and Group Housing the application form individual owners will not be admitted. For such developments, the application shall be made jointly from all the owners or their association.
¨sÁUÀ – IV-A Part – IV-A ¨ÉAUÀ¼ÀÆgÀÄ, §ÄzsÀªÁgÀ, ªÉÄà 28, 2014 (eÉåõÀ× 7, ±ÀPÀ ªÀµÀð 1936) Bangalore, Wednesday, May 28, 2014 (Jyeishta 7, Shaka Varsha 1936) £ÀA. 340 No. 340